Conservatorships

Conservatorships are similar to guardianships, but refer to the case when an adult is determined to be physically or mentally incapable of caring for his or her own person or estate. Conservatorships are most often granted to close relatives with a demonstrated desire and ability to care for the disabled adult, referred to as a ward, better than he or she is able to care for him or herself.

In many states, a conservatorship may be established over an adult if:

• Mental deterioration or physical incapacity prevent the adult from fully managing his or her person or estate
• Mental illness or developmental disability prevent the adult from fully managing his or her person or estate
• Gambling, idleness, debauchery, or excessive use of alcohol or drugs lead to the wasting of the person or his or her estate, exposing him or herself and/or his or her family to want or suffering

As with guardianships, conservatorships may be established over the person or over the estate. A conservator of the person has the responsibility to care for all the physical needs of the ward, including food, shelter, and care. A conservator of the estate has the responsibility to control, manage, and disburse the funds of a ward's estate for the care of the ward. In some states, a person may be conservator over both the person and the estate.

While conservatorships of the person can sometimes be accomplished with relatively little difficulty, if it can be medically established that the adult in question is physically or mentally incapable of caring for him- or herself, conservatorships of the estate are often very difficult to obtain. To navigate the complexities of conservatorship law, full representation by an experienced lawyer is necessary.

If you would like to establish a guardianship over the person or estate of a disabled adult, please contact the law firm of Jacoby & Myers to receive help in making all necessary legal actions to quickly and effectively establish the guardianships. We have offices nationwide.